The court emphasized the necessity of adhering to legal notification requirements in lease agreements, particularly in cases involving deceased lessees.

Reserved on : 23.04.2025 Judgment on : 10.07.2025 Subhendu Samanta, J.

1. Plot No.1 in Block-AC, in Sector-I, of the Northern Salt Lake City, Extension Area under P.S-Salt Lake admeasuring an area of 5.3193 Cottahs was leased out to one Sri Nani Gopal Bhattacharya by executing a registered Indenture by the Governor of the State of West Bengal vide deed of lease dated 29th November, 1980 The possession was handed over to the said lessee on 6th of November, 1981; a certificate being no. 4656 dated

06.11.1981 was issued to that effect.

2. It was stipulated under Clause 2(6) (a) of the lease deed that the lessee shall construct a house building on the said plot within three years from the date of taking over possession. The said Nani Gopal Bhattacharya could not construct house building over the plot, accordingly, the concerned department had issued a show-cause notice to said Nani Gopal Bhattacharya on 12th of September, 1991 wherein he was directed to explain within 90 days why the aforesaid plot of land will not be resumed by the Government. In response to the said show-cause notice, Nani Gopal Bhattacharya issued a letter on 23rd December, 1991 to the Assistant Secretary, Department of Urban Development requesting them to give some more time for construction of dwelling house over the said allotted plot. In response to his letter the authority concerned has intimated said Nani Gopal Bhattacharya Vide Memo dated 21.03.1992 requesting him to let the department know his specific plans and programmes for raising a dwelling house over the lease-hold plot. Thereby, the authority concerned has also intimated that if he required extension of time he may apply to the Government for this purpose.

3. After receiving such letter Nani Gopal Bhattacharya applied before the Bidhannagar notified area authority for sanctioning building plan over the said plot land on 28th September, 1992.

4. Nani Gopal Bhattachrya expired on 11th September, 1994. Before his expiry he executed his last Will and Testament on 2nd September, 1993, thereby appointed the petitioner as executor of his said Will and gave devised and bequeathed his undivided lease-hold right, title and interest in the said property in favour of the petitioner.

5. The said Will placed before this Court for getting probate by PLA no. 309 of 1996 subsequently renumbered as Testamentary Suit No. 6 of 2007. By an order dated 12.06.2019 a Co-ordinate Bench of this Court has decreed the said suit in favour of the petitioner.

6. After obtaining grant of probate the petitioner approached the concerned authority for mutation of his name in respect of the said plot of land vide an application dated 21st of September, 2020. The same application was turned down by the department Vide impugned Memo dated 23rd November, 2020 on ground that the Government resumed the plot after due process of law and possession has been re-entered into by the department on 19th of July, 2017. In the said Memo concerned Land Manager, Bidhannagar informed the petitioner that Government has resumed the land on 27th October, 2005 through a notice vide 2202-SL (AL)-

AC – 1 dated 27.10.2005.

7. It is the contention of the learned Counsel for the petitioner that final resolution notice dated 27.10.2005 is illegal, arbitrary. No such notice has been served upon either Nani Gopal Bhattacharya or any heir of Nani Gopal Bhattacharya. It is the contention of t